Wolk flood protection bill passes key committee

Bill requires flood protection for new housing in floodplains

SACRAMENTO–Legislation by Assemblywoman Lois Wolk (D-Davis) to require 200-year flood protection for new housing subdivisions in the Central Valley passed today out of the Assembly Local Government Committee on a 5-to-2 vote.

Currently, the state or local flood agencies make most flood management decisions, while cities and counties make floodplain land-use decisions. This disconnect has resulted in dramatic growth in the Central Valley over the last decade and placed countless homes at risk of flooding and human lives in harm's way. Assembly Bill 1899 requires cities and counties to assess their level of flood protection before building, and verify that any area proposed for new housing subdivisions either has or will have at least 200-year protection from flooding.

“AB 1899 says ‘show me the flood protection,’” said Assemblywoman Wolk. “If the state is going to be held responsible for local land use decisions, then we need to know that those decisions are informed and that flood protection is in place before people's lives and property are put at risk. Bad planning costs taxpayers money. Projections of the state’s liability in the event of a major flood disaster are in the tens of billions. As taxpayers are asked to invest to protect homes and communities that were built in flood zones, they want to be assured that we won’t keep putting people in harm’s way, further exposing state and local budgets to the costs associated with these decisions.

“As homes are built in new areas of the floodplain, state and local governments need to ensure that Californians buying those houses will enjoy sufficient flood protection – beyond the minimum 100-year protection,” said Wolk. “We can't afford to allow floodplain developments to expand without some assurance that we can protect our citizens from floods. Housing under 10 feet of water isn’t affordable."

Following Wolk’s recent amendment of the bill, the California Association of Realtors withdrew its opposition, stating in a letter, “These amendments will remove the threat of a building moratorium by removing conditions and restrictions on infill and in areas with less than three feet of potential flooding. Also, by allowing areas with a flood potential in excess of three feet a five-year period to comply with the condition of 200-year flood protection, the protection requirements can be more reasonably achieved.”

AB 1899, which will next be heard in the Assembly Natural Resources Committee, is supported by the Santa Clara Valley Water District, East Bay Municipal Utility District, The Planning and Conservation League, Sierra Club, and Grey Panthers.